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Article 1 - Alcoholic Beverages

Article 1 – Alcoholic Beverages

 

SECTION 5-101:  DEFINITIONS

SECTION 5-102:  ACQUISITION AND POSSESSION

SECTION 5-103:  DRINKING ON PUBLIC PROPERTY; POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINER

SECTION 5-104:  CONSUMPTION IN PUBLIC PLACES; license

SECTION 5-105:  LICENSE REQUIRED

SECTION 5-106:  CITY POWERS AND DUTIES

SECTION 5-107:  LICENSEE REQUIREMENTS

SECTION 5-108:  LOCATION

SECTION 5-109:  ACCESS TO DWELLINGS

SECTION 5-110:  SANITARY CONDITIONS

SECTION 5-111:  CATERING LICENSES

SECTION 5-112:  DISPLAY OF LICENSE

SECTION 5-113:  HOURS OF SALE

SECTION 5-114:  INSPECTIONS

SECTION 5-115:  OWNER OF PREMISES

SECTION 5-116:  EMPLOYER

SECTION 5-117:  HIRING MINORS

SECTION 5-118:  MINOR'S PRESENCE

SECTION 5-119:  MINORS AND INCOMPETENTS

SECTION 5-120:  CREDIT SALES

SECTION 5-121:  ORIGINAL PACKAGE

SECTION 5-122:  CONDUCT PROHIBITED ON LICENSED PREMISES

SECTION 5-123:  AUTOMATIC LICENSE RENEWAL; PROTESTS

SECTION 5-124:  CITIZEN COMPLAINTS

SECTION 5-125:  COMPLAINT INITIATED BY COUNCIL

SECTION 5-126:  REVOCATION OF LICENSE

SECTION 5-127:  CHANGE OF PREMISES

SECTION 5-128:  REMOVAL OF INTOXICATED PERSONS FROM PUBLIC OR QUASI-PUBLIC PROPERTY

 

 

 

 

 

SECTION 5-101:  DEFINITIONS

    All words and phrases herein used are to have the definitions applied thereto as defined in the Liquor Control Act of the State of Nebraska.  (Neb. Rev. Stat. §53-103)

SECTION 5-102:  ACQUISITION AND POSSESSION

    It shall be unlawful for any person to purchase, receive, acquire, accept, or possess any alcoholic liquor ac­quired from any other person other than one duly licensed to handle alcoholic liquor under the Nebraska Liquor Control Act. Nothing in this section shall prevent:

    A. The posses­sion of alcoholic liquor for the personal use of the possessor and his or her family and guests, so long as the quantity of alcoholic liquor transported, imported, brought, or shipped into the state does not exceed nine liters in any one calendar month;

    B. The making of wine, cider, or other alcoholic liquor by a person from fruits, vegetables, or grains or the products thereof by simple fermentation and without distillation, if made solely for the use of the maker and his or her family and guests;

    C. Any duly li­censed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his or her profession, any hospital or other institution caring for sick and dis­eased persons from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or other in­stitution, or any drug store employing a licensed pharmacist from possessing or using alcoholic liquor in compounding of prescriptions of licensed physicians;

    D. The possession and dis­pensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or reli­gious ceremony conducted by such church;

    E. Persons who are 16 years old or older from carrying alcoholic liquor from li­censed establishments when they are accompanied by a person not a minor;

    F. Persons who are 16 years old or older from handling alcoholic liquor containers and alcoholic liquor in the course of their employment;

    G. Persons who are 16 years old or older from removing and disposing of alcoholic liquor containers for the convenience of the employer and customers in the course of their employment; or

    H. Persons who are 19 years old or older from serving or selling alcoholic liquor in the course of their employment.  (Neb. Rev. Stat. §§53-168.06, 53-175, 53-194.03)

SECTION 5-103:  DRINKING ON PUBLIC PROPERTY; POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINER

    A. Except when the Nebraska Liquor Control Commission has issued a license as provided in Neb. Rev. Stat. §53-186(2), it is unlawful for any person to consume alcoholic liquor upon property owned or controlled by the state or any governmental subdivision thereof unless authorized by the governing bodies having jurisdiction over such property. (Neb. Rev. Stat. §53-186[1])

    B. It is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in this city.

    C. Except as provided in Neb. Rev. Stat. §53-186, it is unlawful for any person to consume an alcoholic beverage (1) in a public parking area or on any highway in this city or (2) inside a motor vehicle while in a public parking area or on any highway in this city.

    D. This section does not apply to persons who are passengers of, but not drivers of, a limousine or bus being used in a charter or special party service as defined by rules and regulations adopted and promulgated by the state Public Service Commission and subject to Neb. Rev. Stat. Chapter 75, Article 3.  Such passengers may possess open alcoholic beverage containers and may consume alcoholic beverages while such limousine or bus is in a public parking area or on any highway in this city if:

        1. The driver of the limousine or bus is prohibited from consuming alcoholic liquor; and

        2. Alcoholic liquor is not present in any area that is readily accessible to the driver while in the driver's seat, including any compartments in such area.

    E.  For purposes of this section:

        1. “Alcoholic beverage” means (a) beer, ale porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (b) wine of not less than one-half of one percent of alcohol by volume; or (c) distilled spirits, which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced. “Alcoholic beverage” does not include trace amounts not readily consumable as a beverage;

        2. “Highway” means a road or street including the entire area within the right of way;

        3. “Open alcoholic beverage container” means any bottle, can, or other receptacle that (a) contains any amount of alcoholic beverage; and (b) is open or has a broken seal; or (c) the contents of which are partially removed; and

        4. “Passenger area” means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including any compartments in such area.  “Passenger area” does not include the area behind the last upright seat of such motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not equipped with a trunk.

        5. “Limousine” shall mean a luxury vehicle used to provide prearranged passenger transportation on a dedicated basis at a premium fare that has a seating capacity of at least five and no more than fourteen persons behind the driver with a physical partition separating the driver’s seat from the passenger compartment. “Limousine” does not include taxicabs, hotel or airport buses or shuttles, or buses.  (Neb. Rev. Stat. §60-6,211.08)

SECTION 5-104:  CONSUMPTION IN PUBLIC PLACES; license

    It is unlawful for any person owning, operating, managing, or conducting any dance hall, restaurant, café, club, or any place open to the general public to permit or allow any person to consume alcoholic liquor upon the premises except as permitted by a license issued for such premises pursuant to the Nebraska Liquor Control Act.  It is unlawful for any person to consume alcoholic liquor in any dance hall, restaurant, café, club, or any place open to the general public except as permitted by a license issued for such premises pursuant to the act.  This division does not apply to a retail licensee while lawfully engaged in the catering of alcoholic beverages or to limousines or buses operated under Neb. Rev. Stat. §60-6,211.08.  (Neb. Rev. Stat. §53-186.01)

SECTION 5-105:  LICENSE REQUIRED

    It shall be unlawful for any person to manufac­ture for sale, sell, keep for sale, or to barter any alcoholic liquors within the city unless said person shall have in full force and effect a license as provided by the Nebraska Liquor Control Act.  (Neb. Rev. Stat. §53-168.06)

SECTION 5-106:  CITY POWERS AND DUTIES

    A. The City Council is authorized to regulate by ordinance, not inconsistent with the Nebraska Liquor Control Act, the business of all retail, craft brewery, and microdistillery licensees carried on within the corporate limits of the city.

    B. During the period of 45 days after the date of receiving from the Nebraska Liquor Control Commission an application for a new license to sell alcoholic liquor at retail or a craft brewery or microdistillery license, the City Council may make and submit to the commission recommendations relative to the granting or refusal to grant such license to the applicant.

    C. The City Council, with respect to licenses within the corporate limits of the city, has the following powers, functions, and duties with respect to retail, craft brewery, and microdistillery licenses:

        1. To cancel or revoke for cause retail, craft brewery, and microdistillery licenses to sell or dispense alcoholic liquor issued to persons for premises within its jurisdiction, subject to the right of appeal to the commission.

        2. To enter or authorize any law enforcement officer to enter at any time upon any premises licensed under the Nebraska Liquor Control Act (“the act”) to determine whether any provision of the act, any rule or regulation adopted and promulgated pursuant to the act, or any ordinance, resolution, rule, or regulation adopted by the City Council has been or is being violated and at such time examine the premises of such licensee in connection with such determination.  Any law enforcement officer who determines that any provision of the Nebraska Liquor Control Act, any rule or regulation adopted and promulgated pursuant to the act, or any ordinance, resolution, rule, or regulation adopted by the City Council has been or is being violated shall report such violation in writing to the executive director of the commission:

         a. Within 30 days after determining that such violation has occurred;

         b. Within 30 days after the conclusion of an ongoing police investigation; or

         c. Within 30 days after the verdict in a prosecution related to such an ongoing police investigation if the prosecuting attorney determines that reporting such violation prior to the verdict would jeopardize such prosecution, whichever is later.

        3. To receive a signed complaint from any citizen within its jurisdiction that any provision of the act, any rule or regulation adopted and promulgated pursuant to the act, or any ordinance, resolution, rule, or regulation relating to alcoholic liquor has been or is being violated and to act upon such complaints in the manner provided in the act.

        4. To receive retail, craft brewery and microdistillery license fees as provided in Neb. Rev. Stat. §§53-124 and 53-124.01 and pay the same to the city treasurer after the license has been delivered to the applicant.

        5. To examine or cause to be examined any applicant or any retail, craft brewery, or microdistillery licensee upon whom notice of cancellation or revocation has been served as provided in the act, to examine or cause to be examined the books and records of any applicant or licensee, and to hear testimony and to take proof for its information in the performance of its duties.  For purposes of obtaining any of the information desired, the City Council may authorize its agent or attorney to act on its behalf.

        6. To cancel or revoke on its own motion any license if, upon the same notice and hearing as provided in Neb. Rev. Stat. §53-134.04, it determines that the licensee has violated any of the provisions of the act or any valid and subsisting ordinance, resolution, rule, or regulation duly enacted, adopted, and promulgated relating to alcoholic liquor.  Such order of cancellation or revocation may be appealed to the commission within 30 days after the date of the order by filing a notice of appeal with the commission, which shall handle the appeal in the manner provided for hearing on an application in Neb. Rev. Stat. §53-133.

        7. Upon receipt from the commission of the notice and copy of application as provided in Neb. Rev. Stat. §53-131, to fix a time and place for a hearing at which the City Council shall receive evidence, either orally or by affidavit from the applicant and any other person, bearing upon the propriety of the issuance of a license.  Notice of the time and place of such hearing shall be published in a legal newspaper in or of general circulation in the city one time not less than seven and not more than 14 days before the time of the hearing.  Such notice shall include but not be limited to a statement that all persons desiring to give evidence before the City Council in support of or in protest against the issuance of such license may do so at the time of the hearing.  Said hearing shall be held not more than 45 days after the date of receipt of the notice from the commission.  After such hearing the City Council shall cause to be recorded in the minute record of its proceedings a resolution recommending either issuance or refusal of such license.  The city clerk shall mail to the commission by first-class mail, postage prepaid, a copy of the resolution, which shall state the cost of the published notice, except that failure to comply with this provision shall not void any license issued by the commission.  If the commission refuses to issue such a license, the cost of publication of notice shall be paid by the commission from the security for costs.

    D.  When the Nebraska Liquor Control Commission mails or delivers to the city clerk a license issued or renewed by it, the clerk shall deliver the license to the licensee upon proof of payment of (1) the license fee if, by the terms of Neb. Rev. Stat. §53-124(5), the fee is payable to the city treasurer; (2) any fee for publication of notice of hearing before the City Council upon the application for license; (3) the fee for publication of notice of renewal, if applicable, as provided in Neb. Rev. Stat. §53-135.01; and (4) occupation taxes, if any, imposed by the city.

    E. Notwithstanding any ordinance or charter power to the contrary, the city shall not impose an occupation tax on the business of any person, firm, or corporation licensed under the Nebraska Liquor Control Act and doing business within the corporate limits of the city in any sum which exceeds two times the amount of the license fee required to be paid under the act to obtain such license.  (Neb. Rev. Stat. §§53-131, 53-132, 53-134)

Section 5-107:  Licensee ReQUIREMENTS

    No liquor license shall be issued to any person unless he or she is a resident of Nebraska; is a person of good character and reputation in the community; is a U.S. citizen; has never been convicted of or pled guilty to a felony under the laws of this state, any other state, or the United States; has never been convicted of or pled guilty to any Class I misdemeanor pursuant to Neb. Rev. Stat. §53-125; has never had a liquor license revoked for cause; and meets other requirements as provided in Neb. Rev. Stat. §53-125.  (Neb. Rev. Stat. §53­-125)

SECTION 5-108:  LOCATION

    A. Except as otherwise provided in subsection (B) of this section, no license shall be issued for the sale at retail of any alcoholic liquor within 150 feet of any church, school, hospital, or home for indigent persons or for veterans and their wives or children.  This prohibition does not apply (1) to any location within such distance of 150 feet for which a license to sell alcoholic liquor at retail has been granted by the commission for two years continuously prior to making of application for license, or (2) to hotels offering restaurant service, to regularly organized clubs, or to restaurants, food shops, or other places where sale of alcoholic liquor is not the principal business carried on, if such place of business so exempted was established for such purposes prior to May 24, 1935.

 

    B. If a proposed location for the sale at retail of any alcoholic liquor is within 150 feet of any church, a license may be issued if the Liquor Control Commission gives notice to the affected church and holds a hearing as prescribed in Neb. Rev. Stat. §53-133 if the affected church submits a written request for a hearing.  (Neb. Rev. Stat. §53-177)

 

SECTION 5-109:  ACCESS TO DWELLINGS

 

    Except in the case of hotels and clubs, no alcoholic liquor shall be sold at retail upon any premises having any access which leads from such premises to any other portion of the same build­ing used for dwelling or lodging purposes and which is permit­ted to be used or kept accessible for use by the public.  Nothing herein shall prevent any connection with such premises and such other portion of the building that is used only by the licensee, his or her family, or personal guests.  (Neb. Rev. Stat. §53-178)

 

SECTION 5-110:  SANITARY CONDITIONS

 

    It shall be unlawful to open for public use any retail liquor establishment that is not in a clean and sanitary condition.  Toilet facilities shall be adequate and convenient for customers and patrons and said licensed premises shall be subject to any health inspections the City Council or the city police may make or cause to be made.  All applications for liquor licenses shall be viewed in part from the standpoint of the sanitary conditions, and a report concerning the said sanitary conditions shall be made at all hearings concerning the application for or renewal of a liquor license.  (Neb. Rev. Stat. §53-118)

 

SECTION 5-111:  CATERING LICENSES

 

    A. The holder of a Class C, Class D, or Class I license issued under Neb. Rev. Stat. §53-124(5) or a craft brewery license may obtain an annual catering license by filing an application and license fee with the Nebraska Liquor Control Commission.  (Neb. Rev. Stat. §53-124.12[1])

 

    B. Upon receipt from the commission of the notice and copy of the application as provided in Neb. Rev. Stat. §53-124.12, the City Council shall process the application in the same manner as provided in Section 5-106 (City Powers and Duties).  (Neb. Rev. Stat. §53-­124.12)

 

SECTION 5-112:  DISPLAY OF LICENSE

 

    Every licensee under the Nebraska Liquor Control Act shall cause his or her license to be framed and hung in plain public view in a conspicuous place on the licensed premises.  (Neb. Rev. Stat. §53-148)

 

SECTION 5-113:  HOURS OF SALE

 

    A. For the purposes of this section:

 

        1. "On sale" shall be defined as alcoholic beverages sold by the drink for consumption on the premises of the licensed establishment.

 

        2. "Off sale" shall be defined as alcoholic beverages sold at retail in the original container for consumption off the premises of the licensed establishment.

 

    B. It shall be unlawful for any licensed person or persons or their agents to sell at retail or dispense any alcoholic beverages within the city except during the hours provided herein:

 

Alcoholic Liquors (Except Beer and Wine)
      Monday through Saturday
          Off Sale      6:00 a.m. to 1:00 a.m.
          On Sale      6:00 a.m. to 1:00 a.m.
     Sunday
          Off Sale      Not Permitted
          On Sale      Not Permitted
Beer and Wine
     Monday through Saturday
          Off Sale      6:00 a.m. to 1:00 a.m.
          On Sale      6:00 a.m. to 1:00 a.m.
     Sunday
          Off Sale      7:00 am to 10:00 p.m.
          On Sale      12:00 noon to 12:00 midnight

 

 

    C. Such limitations shall not apply after 12:00 noon on Sunday to a licensee which is a nonprofit corporation and the holder of a Class C or Class I license.

 

    D. It shall be unlawful on any property licensed to sell alcoholic liquor at retail to allow any alcoholic liquor in open containers to remain or be in possession or control of any person for purposes of consumption between the hours of 1:15 a.m. and 6:00 a.m. on any day; provided, where any ordinance of the city or any statute of the state provides for an earlier closing hour, the provisions of this subsection shall become effective 15 minutes after such closing hour instead of 1:15 a.m.

 

    E. Nothing in this section shall be construed to prohibit licensed premises from being open for other business on days and hours during which this section prohibits the sale or dispensing of alcoholic beverages.  (Neb. Rev. Stat. §53-179) (Am. Ord. No. 369, 10/26/93)

 

SECTION 5-114:  INSPECTIONS

 

    The Liquor Control Commission and City Council shall cause frequent inspections to be made on the premises of all retail licensees and if it is found that any such licensee is violating any provision of the Nebraska Liquor Control Act or the rules and regulations of the commission adopted and promulgated under the act or is failing to observe in good faith the purposes of the act, the license may be suspended, canceled, or revoked after the licensee is given an opportunity to be heard in his or her defense.  (Neb. Rev. Stat. §53-116.01)

 

SECTION 5-115:  OWNER OF PREMISES

 

    The owner of any premises used for the sale at retail of alcoholic beverages shall be deemed guilty of a violation of these laws to the same extent as the said licensee if the owner shall knowingly permit the licensee to use the said licensed premises in violation of any municipal code section or Nebraska statute.  (Neb. Rev. Stat. §53-1,101)

 

SECTION 5-116:  EMPLOYER

 

    The employer of any officer, director, manager, or employee working in a retail liquor establishment shall be held to be liable and guilty of any act or omission or violation of any law or ordinance.  Each such act or omission shall be deemed and held to be the act of the employer and will be punishable in the same manner as if the said act or omission had been committed by him or her personally.  (Neb. Rev. Stat. §53-1,102)

 

SECTION 5-117:  HIRING MINORS

 

    It shall be unlawful for any person to hire minors under the age of 19 years to serve or dispense alcoholic liquors, including beer, in the course of their employment.  (Neb. Rev. Stat. §53-168.06)

 

SECTION 5-118:  MINOR'S PRESENCE

 

    It shall be unlawful for any person or persons who own, manage, or lease an establishment selling alcoholic beverages at retail to allow any minor under the age of 18 years to frequent or otherwise remain in the said establishment unless the said minor is accompanied by a parent or legal guardian and unless said minor remains seated with and under the im­mediate control of the said parent or legal guardian.  (Neb. Rev. Stat. §53-134.03)

 

SECTION 5-119:  MINORS AND INCOMPETENTS

 

    It shall be unlawful for any person or persons to sell, give away, dispose of, exchange, permit the sale of, or make a gift of any alcoholic liquors or to procure any such alcoholic liquors to or for any minor or any person who is mentally incompetent.  (Neb. Rev. Stat. §53-180)

 

SECTION 5-120:  CREDIT SALES

 

    No person shall sell or furnish alcoholic liquor at retail to any person on credit, on a passbook, on an order on a store, in exchange for any goods, wares, or merchandise, or in payment for any services rendered.  If any person extends credit for any such purpose, the debt thereby attempted to be created shall not be recoverable at law.  Nothing in this section shall prevent any club holding a Class C license from permitting checks or statements for alcoholic liquor to be signed by mem­bers or guests of members and charged to the accounts of the said members or guests in accordance with the bylaws of any such club; and nothing in this section shall prevent (A) any hotel or restaurant holding a retail alco­holic beverage license from permitting checks or statements for liquor to be signed by regular guests residing in the said hotel and charged to the accounts of such guests, or (B) any licensed retailer engaged in the sale of wine or distilled spirits from issuing tasting cards to customers.  (Neb. Rev. Stat. §53-183)

 

SECTION 5-121:  ORIGINAL PACKAGE

 

    It shall be unlawful for any person or persons who own, manage, or lease any prem-ises in which the sale of alcoholic beverages is licensed to have in their possession for sale at retail any alcoholic liquors contained in bottles, casks, or other containers except in the original package.  Nothing in this section shall prohibit the refilling of original packages of alcoholic liquor for strictly private use and not for resale.  (Neb. Rev. Stat. §53-184)

 

SECTION 5-122:  CONDUCT PROHIBITED ON LICENSED PREMISES

 

    No licensee in this city shall engage in, allow, or suffer in or upon the licensed premises any disturbances, lewdness, immoral activities or displays, brawls, or unnecessary noise; or allow, permit or suffer the licensed premises to be used in such a manner as to create public censure or become a nuisance, public or private.

 

Section 5-123:  Automatic license reNEWAL; PROTESTS

 

    A. An outstanding retail license issued by the commission may be automatically renewed by the commission without formal application upon payment of the renewal fee and license fee if payable to the commission prior to or within 30 days after the expiration of the license.  The payment shall be an affirmative representation and certification by the licensee that all answers contained in an application, if submitted, would be the same in all material respects as the answers contained in the last previous application.  The commission may at any time require a licensee to submit an application, and the commission shall at any time require a licensee to submit an application if requested in writing to do so by the City Council.  If a licensee files an application form in triplicate original upon seeking renewal of his or her license, the application shall be processed as set forth in Neb. Rev. Stat. §53-131.

 

    B. Any licensed retail premises located in an area which is annexed by the city shall file a formal application for a license.  While such application is pending, the licensee may continue all license privileges until the original license expires or is canceled or revoked.  If such license expires within 60 days following the annexation date of such area, the license may be renewed by order of the commission for not more than one year.

 

    C. The city clerk shall cause to be published in a legal newspaper in or of general circulation in the city one time between January 10 and January 30 each year individual notice of the right of automatic renewal of each retail liquor and beer license within the city in the form prescribed by law; provided, Class C license renewal notices shall be published between July 10 and July 30 each year.  Upon the conclusion of any hearing required by this section, the City Council may request a licensee to submit an application as provided in Neb. Rev. Stat. §53-135.

 

    D. Written protests to the issuance of automatic renewal of a license may be filed by any resident of the city on or before February 10, 20...., or August 10, 20...., in the office of the city clerk and that in the event protests are filed by three or more such persons, hearing will be had to determine whether continuation of the license should be allowed.  (Neb. Rev. Stat. §§53-135, 53-135.01)

 

SECTION 5-124:  CITIZEN COMPLAINTS

 

    A. Any five residents of the city shall have the right to file a complaint with the City Council stating that any retail licensee subject to the jurisdiction of the council has been or is violating any provision of the Nebraska Liquor Control Act or the rules or regulations is­sued pursuant to the act.  Such complaint shall be in writing in the form prescribed by the City Council and shall be signed and sworn by the parties complaining.  The complaint shall state the particular provision, rule, or regulation believed to have been violated and the facts in detail upon which belief is based.

 

    B. If the City Council is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, it shall set the matter for hearing within ten days from the date of the filing of the complaint and shall serve notice upon the licensee of the time and place of such hearing and of the particular charge in the complaint.  The complaint must in all cases be disposed of by the City Council within 30 days from the date the complaint was filed by resolution thereof and said reso­lution shall be deemed the final order for purposes of appeal to the Nebraska Liquor Control Commission as provided in Neb. Rev. Stat. §53-1,115.

 

    C. The following form is hereby prescribed for the use of residents of this city desiring to complain to the mayor and the City Council that any licensee is violating any provision of the Nebraska Liquor Control Act, regulations prescribed by the Nebraska Liquor Control Commission, or any provision of this ordinance:

 

    To the Mayor and City Council of the City of Grant, Nebraska:

 

    The undersigned respectfully state:

 

    1.  That each one is a resident of the City of Grant, Nebraska.

 

    2.  That they believe that ______________, the holder of a Class ___ license in the aforesaid city, has violated Section _________ of (check one or more):

 

   _____ the Nebraska Liquor Control Act.

   _____ the regulations prescribed by the Nebraska Liquor Control Commission.

   _____ the municipal code of the City of Grant, Nebraska.

 

    3.  That the aforesaid belief is based on the following facts, to-wit:

 

________________________________________________________________

 

________________________________________________________________

 

____________________________________.

 

 

_____________________________      ________________________________

(Name)                                                                    (Name)

_____________________________      ________________________________

(Name)                                                                    (Name)

                                                                ________________________________

                                                                                (Name)

 

STATE OF NEBRASKA      )

                                            ) ss.

COUNTY OF PERKINS      )

 

    Subscribed in my presence and sworn to before me by ______________, _________________, _________________, _________________ and _________________ this _____ day of _____________, 20____.

 

    My commission expires ______________________.

 

                                                                    ______________________________

                                                                      Notary Public

 

(Neb. Rev. Stat. §53-134.04)

 

SECTION 5-125:  COMPLAINT INITIATED BY COUNCIL

 

    The City Council may on its own motion by resolution fix the time and place for a hearing on whether a licensee has violated any section of the Nebraska Liquor Control Act, the regulations of the Nebraska Liquor Control Commission, or this code, which resolution shall state the section or sections in question.  Said resolution shall be served in the same manner and within the same time as the initial resolution mentioned in Section 5-124 (Citizen Complaints), and insofar as possible the procedure shall be the same as is provided in that section.  (Neb. Rev. Stat. §53-134)

 

SECTION 5-126:  REVOCATION OF LICENSE

 

    Whenever any licensee has been convicted by any court of a violation of the Nebraska Liquor Control Act, the licensee may, in addition to the penalties for such offense, incur a forfeiture of the license and all money that had been paid for the license.  The City Council may conditionally revoke the license subject to a final order of the Liquor Control Commission or the commission may revoke the license in an original proceeding brought before it for that purpose.  (Neb. Rev. Stat. §53-116.02)

 

SECTION 5-127:  CHANGE OF PREMISES

 

    Any retailer licensee desiring to transfer his or her license from one premises to another shall file a written request for permission to do so with the city clerk and shall also file with said clerk a sworn statement showing that the premises to which removal is to be made comply in all respects with the requirements of the Nebraska Liquor Control Act, as amended.  The city clerk shall present said application and statement to the City Council at its next meeting and it shall by resolution approve or disapprove the transfer.  If the transfer is approved, the said approval shall be endorsed on the license by the mayor and attested by the city clerk.

 

SECTION 5-128:  REMOVAL OF INTOXICATED PERSONS FROM PUBLIC OR QUASI-PUBLIC PROPERTY

 

    A. City police, county sheriffs, officers of the Nebraska State Patrol, and any other such law enforcement officers with power to arrest for traffic violations may take a person who is intoxicated and in the judgment of the officer dangerous to himself, herself, or others or who is otherwise incapacitated from any public or quasi-public property.  An officer removing an intoxicated person from public or quasi-public property shall make a reasonable effort to take such intoxicated person to his or her home or to place such person in any hospital, clinic, alcoholism center, or with a medical doctor as may be necessary to preserve life or to prevent injury.  Such effort at placement shall be deemed reasonable if the officer contacts those facilities or doctors which have previously represented a willingness to accept and treat such individuals and which regularly do accept such individuals.  If such efforts are unsuccessful or are not feasible, the officer may then place such intoxicated person in civil protective custody, except that civil protective custody shall be used only so long as is necessary to preserve life or to prevent injury and under no circumstances for longer than 24 hours.

 

    B. The placement of such person in civil protective custody shall be recorded at the facility or jail to which he or she is delivered and communicated to his or her family or next of kin, if they can be located, or to such person designated by the person taken into civil protective custody.

 

    C. The law enforcement officer who acts in compliance with this section shall be deemed to be acting in the course of his or her official duty and shall not be criminally or civilly liable for such actions.

 

    D. The taking of an individual into civil protective custody under this section shall not be considered an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.

 

    E. For purposes of this section, “public property” shall mean any public right of way, street, highway, alley, park, or other state-, county-, or city-owned property. "Quasi-public property" shall mean and include private or publicly owned property utilized for proprietary or business uses which invites patronage by the public or which invites public ingress and egress.  (Neb. Rev. Stat. §53-1,121)